Hong Kong Case Law: Decisions & Judgments

Topic

Bankruptcy jurisdiction

Legal area

Court

23 Apr 2024

ARJOWIGGINS HKK 2 LTD v. SHANDONG CHENMING PAPER HOLDINGS LTD

Citation

[2024] HKCA 352
Court

Court of Appeal
Case number

CACV347/2023

The Court held that the principle in Guy Lam applies to cross-claims as well as disputes about the petition debt: where the dispute underlying a cross-claim falls within a valid arbitration agreement, the court should ordinarily decline to decide the matter and stay or dismiss the winding-up petition pending arbitration, absent abuse of process or countervailing public interest factors.
5 Nov 2019

DING YI v. SHUM TUNG

Citation

[2019] HKCA 1195
Court

Court of Appeal
Case number

CAMP231/2019

The application for extension of time was refused because the applicant had a substantial unjustified delay (more than 2 months) for which inadequate excuses were given and, on the merits, the appeal had no real prospect of success: the anti-suit injunction was unnecessary because the Trustees could not act in the Mainland and the respondent provided an undertaking to bring any assets realized into the Hong Kong bankruptcy estate, so Mainland enforcement would not subvert the statutory insolvency distribution; accordingly the summons was dismissed and leave denied.
24 May 2002

RE KOK HIU PAN

Citation

RE KOK HIU PAN
Court

Court of First Instance
Case number

HCB5332/2000

Petitioner failed to prove any of the jurisdictional bases in s4(1). The court found the debtor did not spend a sufficiently substantial proportion of time in Hong Kong to be 'ordinarily resident' and that he was an employee acting as a nominated director, not someone conducting his own business; accordingly the court lacked jurisdiction and the petition was dismissed.

Hong Kong Case Law

ARJOWIGGINS HKK 2 LTD v. SHANDONG CHENMING PAPER HOLDINGS LTD

DING YI v. SHUM TUNG

RE KOK HIU PAN